State v. Schlosser

STEWART, Justice:

Defendants Schlosser and Lowder were charged with unlawful possession of a controlled substance in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (Supp.1988). Upon defendants’ motion, the trial court ordered the suppression of all evidence obtained during a search of the pickup truck the defendants were riding in. On appeal, the State argues that the evidence was improperly suppressed. We affirm.

I. THE FACTS

Officer Howard of the Utah Highway Patrol clocked a pickup truck traveling forty-two miles per hour in a thirty mile-per-hour zone in Nephi, Utah, and signaled the vehicle…